HB 148: "An Act relating to solemnization of marriage."

00 HOUSE BILL NO. 148 01 "An Act relating to solemnization of marriage." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 25.05.301 is amended to read: 04 Sec. 25.05.301. Form of solemnization. In the solemnization of marriage, no 05 particular form is required except that the parties shall assent or declare in the 06 presence of each other and the person solemnizing the marriage [AND IN THE 07 PRESENCE OF AT LEAST TWO COMPETENT WITNESSES] that they take each 08 other to be husband and wife. The person solemnizing the marriage must be [A 09 COMPETENT WITNESS FOR THIS PURPOSE IS] a person of sound mind capable 10 of understanding the seriousness of the ceremony. At the time of the ceremony, the 11 person solemnizing the marriage shall complete the certification on the original 12 marriage certificate. The person solemnizing the marriage [AND THE TWO 13 ATTENDING WITNESSES] shall sign the original marriage certificate and the 14 necessary copies. 15 * Sec. 2. AS 25.05.321 is amended to read:

01 Sec. 25.05.321. Certificates. The person solemnizing the marriage shall, on 02 the forms provided by the bureau, complete two short-form certificates [,] and, after 03 that person has [AND THE TWO WITNESSES HAVE] signed them, give one to 04 each of the parties to the marriage. A church or congregation may design and furnish 05 its own form for this purpose, containing as a minimum the items contained in the 06 form furnished by the bureau. The original marriage certificate shall be filed as 07 required by AS 18.50 (Vital Statistics Act) and regulations adopted under it. The 08 person solemnizing the marriage shall complete the certificate as required and submit 09 it to the local registrar within seven days after [OF] the date the marriage is 10 solemnized. 11 * Sec. 3. AS 25.05.361 is amended to read: 12 Sec. 25.05.361. Unlawful solemnization of marriage. A person who 13 solemnizes a marriage without first receiving a proper marriage license from the 14 parties as provided in this chapter or without the parties declaring to take each other as 15 husband and wife [, OR WITHOUT REQUIRING THE PRESENCE OF TWO 16 COMPETENT WITNESSES]; or who solemnizes a marriage involving a person 17 under the legal age of marriage without the consent of (1) the licensing official when 18 authorized, or (2) the parents or guardian of the underaged person, being stated in the 19 license; or who solemnizes a marriage knowing of any legal impediment thereto, or 20 who solemnizes a marriage after the expiration of the license, or who falsely certifies 21 to the date of a marriage solemnized by that person is guilty of a misdemeanor, and 22 upon conviction is punishable by imprisonment for not more than six months, or by a 23 fine of not more than $500, or by both. 24 * Sec. 4. AS 25.05.041(a)(3) and 25.05.041(a)(5) are repealed.